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HomeMy WebLinkAbout94-04728 ~ - LJ,. . -;P' ~ r ~I , ( '" ~ 00 <"lS ,.... -=t , i , i I I I 0-/ 01 <: , I' " , , I'. , , , " , ,I, , , h ;1, 'I , 'Ii ;1 >,' , , , , " , " 'II , , , , '- "", \ \ " ) (' , " " 'I' " " .-....,.... . " .:~ .*. .c<<. ':c' .:<<. .:.:. .>>:. .:<<. .:tt. .:<<. .:<<. .:.:- .:.:' ':f)' .:+:. .:.:. .:.:. .:.:. .:+:- .:.:- :. .:.:- -:+:0 .:.:' .:.:- .:t(. .:+:. .:..:.. ".. <c' ~ ~,'''''''''''' ,'..'...... ,....'.. ,..... ,',', .......'.....18 ~i 1M 0:'1 !,: :: IN THE COURT OF COMMON PLEAS i: ~i OF CUMBERLAND COUNTY ~ ~ :'1 STATE OF ~. PENNA, w 0:- , ~ ~ ~ ~ JOHN K. SPRAGUE, :'\ (), 94-4nEL. . . '..., 1994 Plaintiff \"'1'."11:; ,~ ~ PAULA J. FLECK, DefendBllt ~ " ~ ~I ~I ~I ~I ~ 8 ~ 8 8 8 AND NOW, DECREE IN D I V 0 R C Eit ~ ~ S2-P~ ~}-:-~ , 1995 , '. it is ordered and decreed that ., .,J'9ntl !<.., 13Pl'i\9\Jl'l . . , , " plaintiff, , " defendant, and, . , , , , " ., ,PaulaJ. ,Fleck. ore divorced from the bonds of matrimony. 8 8 The court retains jurisdiction of the following claims which hove been raised of rocord in this action for which 0 final order has not yet been entered; ~ w " "., ,~~~ ,~~4i~,~ett~~.QY,atta~n~,p~Q~~tY.$ettlement,A9teement,which,ts,hereby!~ ,~nc;QtpQJ;"~teQ ,QlJt ,notmer:<JeQ ,into this. Dectee, ~ 8 ~ ~ " 8 8 ~ . . -..... '.. ,.. -:c. ... t " II 'J, /~ "1....:"."" -+- J, ,,-.t'l(tJb'/J'f<'t' c. '. 'c,c.!:',~,~t~. l/ft:"?r.-c.....7 Lb' ~#r.?, ,e J;;.;;'~ (/ I XJ~7' I'l'olhOl1olMY $ $ $ $ w " $ w .., ~ $ $ ~ I, w " $ I~ \ : (~ , ' 'w I" I' I~ ( ~~ I~ "-~ '"" I~ l.., I~ I !~ i... ;~ '" ,~ , !;~ 1"- i,', ,~ ~ " ~ :~ ~ ~ ~ .:.:. .:.;. PROPl".R'l'Y S~~~~ THIS ~, made this 71/- day of /'11a,t:/1... I 1995 by and between JOHN K. SPRAGUE (hereinafter referred to as HUSBAND) and PAULA J. ~LECK (herei,nafter referred to as WI~E). WI'IttESSETH : WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on April 2, J978. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is thu intention of HUSBAND and WI~E to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of amicably settli.ng fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; tho equitable distribution of such property: the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND by WI~E or of WI~E by HUSBAND: and in generaL the settling of any and all claims and possible claims by one against th~ other or agaInst their. respective el'ltates. WHEREAS, HUSBAND has filed a no-fault divorce action in the Court of Common Pleas of Cumberland County to Docket No. 94-4728. Ne*~, the parties hereto, intending to be legally bound hereby. agree 3l! follcw.:n 1. SEPARATIQlI - It sha l.t be lAWful for each Party At all timel'! hereafter to 1 i ve sepAr.'te And apart from the othe.... <\t such p la.::e as he or she may from time tc time choose or deem Et. The foregoing provision shall not be taken as ,1clmJ.ssion on the part of either Party of the lawfulness or unlawfulness of the causes leading to them 1i.ving apart. 2. IIft'ERF~E - Each PArty shall be free from interference, authority and control by the other. as fully liS if he or she were single or unmarried, except as may be necessary to ca:-ry out the provj,sions of this Ag~eement. Neither Party shall molest or attempt to endeavor to molest the other, nor compel the other to cohabi,tate with the other.. or in IIny way harass or. malign the oth(!r. nor in any way interfere wi th the peaceful existence. separate and apart from the other. 3. U'l"V..'T OF DIVORCE DECREE - The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time a3 a final Decree in Divorce may be entered witt, respect to the partieo. It i.s the intent of the parties hereto that this Agreement shall create contractual rights and obligatl.ons entirely independent of any Court Order IInd that this Agreement may be enforced by contract remedies in addition to any other remedies which may be availAble pursuant to the terms of this Agreement or otherwise under law or equity. 4. ~ TO BE IflC2RPORATED IN DI~c,E ~ - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Di.'/orce Decree which may be entered wJ.th respect to them. The part illS further agree that tne Court of Corrrnon Pl eas whj,ch may enter such Divorce Decree shall retain continuing jurisdiction OV'lr the parties and the subject matter of the Agrolement for the purpolfe of olnfor~emellt <of any of the provisions thereof. 5. Ml11'UAL RELEASES - HUSBAND and WIFE each do het:"eby mutually remise, release, quitclaim and forever discharge the othflr and the estate of such other, for all time to come, and for all purposes whatsoever of and from i'\ny and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at i'\ny time hereafter may have against the oth'?L', the estate of such other 01: any part thereof, whether acising out of any former acts, contracts, engagements at:" liabil itiea of such other 0;: by way of dower or cut:"tesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exempti.on or similar allowance, or under the intestate laws, or the right to take against the spouse's will: or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's esti'\te, whether arising under the laws of (a) Pennsy1van,;,a, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any t:"ights which either party may have or at any time het:"eafter shall have for past, present or futut:"e support at:" maintenance, alimony, alimony pendente lite, counsel fees, property divisions, costs or expenses, whether arising as a result of the madti'll relation or otherwise, except. all rights and agreements and obligations of whatsoever nature arising or which may arise uncler this Agreement or fot:" the breach of any provision thereof. It is tho intention of HUSBAND and ~IIFE to gi. ve to each other by the execution of this Agreement a full, complete and general. release with respect to any and all property of any kind or nature, real, pernona1 01." mixed, which the other now owns 01." may hereafter acquire, except and only except all rights and .3greements and obligations of whatsoever natul."c arising 01." which may adse under this Agreement 01." for the bl."each of any provision thel."eof. It is fUl."thel." agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of pl."opel."ty, alimony, counsel fees and expenses, alimony pendente lite 01." any othel." claims pursuant to the Pennsylvania Divol."ce Code 01." the divorce laws of any othel." jUl."isdiction. 6. PI!RSCIIAL PROPm'lY - WIFE: hel."eby assigl)s, conveys and tl."ansfers to HUSBAND all of WIFE: '5 right, ti.t1e and intel."est in and to any and all pel."sona1 pl."operty and belongings in the pcssession of HUSBAND on the execution date of this Agl."eement. HUSBAND hel."eby assigns, conveys and tl."ansfers to WIFE: all of HUSBAND"s right, title and intel."est in and to any and all pel."sona1 propel."ty and belongings in the possession of WIFE: on the execution date of th,ls Agreement. By this Agl."eement, each of the'pal."ties hel."eby specifically waives, I."eleases, renounces and forevel." abandons whatever claims he or she may have with I."espect to any of the fOl."cgoing personal pl."operty which shall become the sole and separate pl."operty of the othel." fl."om the date of execution hereof. 7. ~ VEIIICLES - WH'E: shall become the sole and excllJsive ownel." of the 1990 E:ag1e prerniel." that WIFE: drives and shall assume total I."esponsibility for payment of any loans associated with the said vehicle and all liens and encumbl."ances thel."eon. HUSBAND shall become the sole and exclusive ownel." of the 1989 Chevt'olet Ast.t'O that HUSBAND drives and shall assume total t'esponsibility fot' payment of any loans associated with the said vehicle and all liens and encumbt'ances thereon. 8. OTHER ASSETS - WIFE shall t'etain as het' own pt'operty any and all bank accounts, money lnat'ket accounts, pensions, insut'ance policies and any othet' intang ible personal propet'ty held by WIFE on the date of execution het'eof. HUSBAND shall t'etain as his own property any and all bank accounts, money market accounts, pensions, insurance policies and any other intangible personal property held by HUSBAND on the date of execution hereof. 9. REAL ESTATE - The parties hereto are the owners as tenants by the entirety of the residence located at 86 Silver Crown Drive, Cumberland County, Pennsylvania. HUSBAND agrees to cooperate with WIFE to the extent set forth in this paragraph so that WIFE can assume the existing mortgage on the residence which is currently held by GE Capi tal. HUSBAND agrees to contribute up to a maximum of $200.00 per month to WIFE if necessary for WIFE to qualify and be approved by GE CaFital for assumption of the mortgage. upon termination of the existing mortgage assumed by WIFE, refinancing of the existing mortgage by WIFE or sale of the property by WIFE, whichevet' shall fit'st occur, WIFE shall pay to HUSBAND either the Specified Percentage of Equity (defined below) or the dollar amount contributed by HUSBAND pursuant to this paragraph, whichever amount is greater. If WIFE's payment to HUSBAND under this paragraph occurs due to termination of the existing mortgage assumed by WIFE or t'efinancing by WIFE of the existing mortgage, payment shall be due and payable on or bsfot'e the 30th day following ter:m',naticn or: ~eceipt of funds thr:ough r:efinancing. If WI~E's payment to HUSBAND under: thio par:agr:aph occurs due to sale of the residence by WIFE. the payment is due on or: before the date of settlement on the sale of the r:~sidence. The ter:m "Specified Percentage of Equity" shall be defined for purpos~s of this Agreement to mean the percentage of the total equity tw+eh (. I r;;1i1i'I;ti7-- f-- ~~li Ii llale ,:" _I. _,ai'll iRe e!_i..il~..1J is n1lt L, III!"!!) P in the residence on the date of mortgage ter:mination, refinancing, or sale .'" whj,ch is equal to the percentage of the mcrtgage paid by HUSBAND pursuant to this Agr:eement. In the event that WIFE dies prior: to the payment of the balance due under this Agreement to HUSBAND. then the entire payment would still be due and owing under the terms of this Agreement from WIFE's estate. HUSBAND shall execute and deliver: to WIFE a deed conveying all of his right. title and inter:est in the residence upon the release of HUSBAND from all obligation under the cur:rent mcrtgage. WIFE agr:ees to indemnify and hold HUSBAND harmless for any liability with respect to the current and future financing on the r:esidencc. 10. 1994 TAXES: HUSBAND and WIFE agree to file joint Federal. State and Local tax r:eturns for: the 1994 tax year:. Each par:ty agr:ees to pay his or: her: respective shar:e oi any taxes due and owing based on their respective incomes and agr:ee to likewise divide any r:efunds r:eceived based on their respective incomes. 11. WARRANl'Y AS TO EXISTING OBLIGATIctlS - Each party r:epresents that they have not heretofor:e incurred or contracted for any debt or liabilj,ty or: obligations for which the estate of the other: party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemni.fy and hold the other party harmless for and against any and all auch debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations ariSing out of this Agreement. 12. WARRNmt' AS TO Ii't1l'URE OIlLIGATICHl - WIFE and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, nei ther of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 13. AFTER ACQUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are horeafter acquired by him or her, wi th full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. WAIVER OF ALI~, ALIIUlY Pf2lDml'E LITE, SPOOSAL SUPPCRl' AND MADr1'BNANCB - The parties agree and do hereby waive any right and/or claim they may have, both now and i.n the future, against the other for alimony, alimony pendente lite and spousal support and maintenance. 15. FINAL D;lUITABLE DISTRIBl1l'IOO OF PROPmTY - The parties agree that the division of all property set forth in thia Agreement is equitable and both parties relinquish the right to divide said property in any manner not conaistent with the terms set forth herein. It. is further tho intent, understanding and agreement of the part j,es that this Agreement is a full, final, ccmp1ete and equitable p~ope~ty division. 16. REPRESEm'ATIOO OF PARTIES BY WJNSEL - Each pa~ty has been rep~esented by an attorney, who lias selected by the Pa~ty whom she or he ~ep~esents, in the negotiation and p~eparation of this Ag~eement. WI!;,E is ~ep~esented by Gerald J. Shekletski, Esqui~p. and HUSBAND is represented by Dawn s. sunday, Esqui~e. This ACJ~eement has been fully explained to each Party by the Pa~ty's atto~ney. Each Pa~ty has ca~efully ~ead this Ag~eement and is completely awa~e, not only of its contents, but also of its legal effect. Both Part5.es agree and acknowledge that they fully understand the facts upcn \/hich this Agreement is baseq, and that they believe this Ag~eement to be fai~ and equitable. Each party represents that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of thil.i Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or ag~eements. 17. FULL DISCLOSURE - HUSBAND and WI!;,E each rep~esent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such Party has an interest, of the sou~ce and amount of the i.ncome of such Party of every type whatsoever and all other facts relating to the subject of this Agreement. 18. BREACH - If either Party breaches any p~ovision of this Agreement, the othe~ Party shall have the right, at his o~ her election, to sue for damages for such breach or any othe~ relief he o~ she i.s entitled to at law or equity. The Pa~ty breaching this contract shall be ~espcnsib1e for tho payment of legal fees and costs incu~red by the other in enforcing his or heir rights unde~ this Agreement, or seeking such other remedy or relief as may be available to him or her. 19. ADDI'l'IONAL INSTRlMfNl' - Each of the Part ies shall on demand execute and deliver to the other any deeds, bills of sale, assignments, cons~nts to change of beneficiary on insurance policies. tax returns, and other documents and do or cause to be dcne any other act or thing that may be necessary Qr desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other, all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 20. ENTIRE A~ - This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. /lDlIFICATla.I AND WAIVER - Modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. DESCRIPTIVE HEAD~ - The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the Parties. 23. GOVERNING ~ - This Agreement shall be governed by and shall be constructed in accordance wit.h the laws of the COI11'"~nwealth of Pennsylvania. 24. BINDING EFFECl' - This Agreement shall be binding upon the I 'I il Parties, their heirs, executors, administrators and assigns. 25. EXECUl'I(lIf DATE - The "execution date" of this Agreement shall t:R .t,)o, .. !: ' .- . . , ., ""(' ;g (,)..:' " , ., ,', , ,7~ I ,-j,'f '. en ", ,.J-; '., - q ~ ", ~~ (.J , . JOfIN K. SPRAGUE. I IN WE COURT OF COMl>KlN PLEAS OF Plaintiff I CUMBERLAND COUNTY. PENNSYLVANIA I l/7J'r VS. I 94- CIVIL TERM I PAULA J. FLECK, I IN DIVORCE Defendant I OOHPLAIIft' Plaintiff. John K. Sprague. by his attorney. Dawn S. SundaYi sets forth the following I 1. Plaintiff is John K. Sprague, who has resided at 211 Hempt Road. Mechanicsburg. Currilerland County. Pennsylvania since Septerrber 11. 1993. 2. Defendant is Paula J. Fleck, who has resided at 86 Silver Crown Drive. Mechanicsburg, Cumberland County, Pennsylvania sinc~ 1990. 3. Plaintiff and Defendant have been bona fide residents of the COllItlOnwealth for at least six months illTl1ediately preceeding the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 2, 1978 at Little Buffalo, Colorado. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff avers as the grounds upon which this action is based, that the marriage between the parties hereto is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests that the Court enter a Decree of Divorce under ~3301(c) or ~3301(d) of the Pennsylvania Divorce Code. Respectfully submitted, ((W-v~1 Ln~ Dawn S. Sunday, Esqui Attorney for Plaintiff ID *41954 39 West Main Street Mechanicsburg, PA 17055 ( 717) 766-9622 , ~ ':i.r. .. ., . IE ., '" , . '.~l <it ~ ! . . ~ " d ", , I:;) " , ,. ,. -::r -, III " ~ " ",I,:, r:n ,. " 01 '! ~ 'I.!i..., '.' " " " , , ll\div\con..nt..tl JOHN K. SPRAGUE, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I v. I NO. 94-4728 CIVIL TBRM I PAULA J. FLBCK, I CIVIL ACTION LAW Defendant I IN DIVORCE AFrIDAVIT or CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 22, 1994. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. " ,/0;(- :'.- Vii. ;I,X.. /~; (J Dat.lf